STATE OF GUJARAT Vs. ZAPDIBEN

JUDGEMENT

(1.) Under challenge in these appeals filed by the State of Gujarat, under clause 15 of the Letters Patent, is the oral order dated 09.02.2016 passed by the learned Single Judge in respective writ petitions whereby the learned Single Judge dismissed the writ petitions and confirmed the order dated 02.05.2014 passed by the Labour Court, Dahod allowing the recovery applications.

(2.) Ms. Reena Kamani, learned advocate for the respondents, at the outset, has brought to our notice that the issue involved in the present appeals is no more res integra. Drawing our attention to order dated 07.05.2018 passed by this Court in Letters Patent Appeal No. 558 of 2018, she submitted that this Court has already decided the issue involved in the present appeals. She submitted that the learned Single Judge had passed similar order in Special Civil Application No. 1925 of 2016 wherein the order dated 02.05.2014 passed by the Labour Court, Dahod allowing Recovery Application No. 47 of 2012 was confirmed by the learned Single Judge. The same came to be challenged by State of Gujarat by way of Letters Patent Appeal No. 558 of 2018. This Court after hearing learned advocates appearing for the respective parties dismissed the appeal and confirmed the order passed by the learned Single Judge.

(3.) Mr. Chintan Dave, learned Assistant Government Pleader appearing for the appellant State is not in a position to dispute the above. He submitted that considering the fact that the issue involved in the present appeals has already been decided by way of Letters Patent Appeal No. 558 of 2018, the present appeals may also be governed by the same order.